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: Legal Blog Watch

Supreme Court Rejects Argument That Due Process Requires Access to DNA Testing

By Carolyn Elefant

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There is no federal constitutional right to post-conviction access to DNA evidence ruled the Supreme Court, by a 5-4 vote in Third Judicial District v. Osborne. Justice Kennedy delivered the swing vote, according to the Blog of the Legal Times. As discussed at The New York Times, the Court's decision reverses a 9th Circuit ruling, which held that the defendant, Osborne, was entitled to access DNA evidence under the Fourteenth Amendment Due Process clause, notwithstanding that his lawyer had failed to request DNA testing at trial. Ironically, Osborne's lawyer declined to seek DNA testing for strategic reasons; she feared that...

Full post as published by Legal Blog Watch on June 18, 2009 (boomark / email).

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